On Monday, Flo Health Inc. moved to dismiss claims that it shared Flo App users’ private health information with outside data analytics providers after promising that it would be kept confidential. The motion claims that unlike previous iterations of the consumers’ complaint that alleged Flo Health sold users’ information, this version alleges that the defendant shared the information with third parties for advertising purposes. Flo Health refutes both contentions.
Complaints streamed in earlier this year, and were consolidated before a San Francisco, California federal court. The users argued that Flo Health violated its own policy by knowingly giving their information to third parties including the advertiser defendants AppsFlyer, Google, Facebook, and Flurry.
With users’ intimate health details, the advertiser defendants reportedly profiled and targeted users for advertisements. In turn, The plaintiffs brought claims for invasion of privacy, breach of contract, and violations of the federal Stored Communications Act, the Comprehensive Computer Data Access and Fraud Act, and the California Confidentiality of Medical Information Act, among other laws.
This week’s filing asserts that the plaintiffs’ claims fail for lack of injury-in-fact, a requirement of standing in federal court. The filing is devoid of allegations that the plaintiffs suffered particularized injury like financial or reputational harm, or saw an unwanted advertisement due to Flo Health’s alleged use of their information, the defendant argues. “Even taking Plaintiffs’ unsupported characterization as true, the mere sharing of personal information ‘without any concrete consequences’ is not a cognizable harm,” the motion says.